1. What is an Adjustment of Status?

An Adjustment of Status (AOS) is the process by which an individual who is already present in the United States may apply for permanent residence. This process includes completing and submitting an application to the U.S. Citizenship and Immigration Services, attending interviews with an immigration officer, and providing supporting documentation to prove eligibility for permanent residence.

2. What documents do I need to apply for an Adjustment of Status?

To apply for Adjustment of Status, you will need to provide the following documents:

1. Form I-485, Application to Register Permanent Residence or Adjust Status;
2. Photographs;
3. Proof of Identity and Relationship;
4. Evidence of Lawful Entry into the United States;
5. Medical Examination Results;
6. Proof of Employment Authorization; and
7. Evidence of Financial Support.

3. How much does it cost to apply for an Adjustment of Status?

The filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, is $1,140. This fee does not include the biometrics fee of $85. There may also be additional fees due for an accompanying Form I-130.

4. How long does it take to get an Adjustment of Status approved?

The total processing time for an Adjustment of Status application can vary, but generally takes between 6 and 12 months.

5. What are the different types of U.S. work visas?

The different types of U.S. work visas are: H-1B visa, L-1 visa, O visa, TN visa, E-3 visa, EB-2 visa, EB-3 visa, B-1 visa, P-1 visa, and R-1 visa.

6. What information do I need to provide for a U.S. work visa application?

In order to apply for a U.S. work visa, you must provide the following:
1. A valid passport with at least 6 months of validity remaining.
2. Documentation of your professional qualifications and work experience.
3. Evidence of employment or a job offer from a U.S. employer.
4. Proof of the purpose of your trip, such as a letter from your employer stating the duration and nature of your planned activity in the U.S.
5. Evidence of financial support, such as bank statements or tax returns.
6. Medical examination results required by certain visa categories.
7. Police certificates from any country you have lived in for more than six months since the age of 16 (if applicable).
8. Additional documents as requested by the U.S. consulate or embassy during the visa interview process and to verify your eligibility for a specific visa category.

7. What is the difference between a non-immigrant and immigrant visa?

A non-immigrant visa is a document issued to a foreign national who wishes to enter a country temporarily and for a specific purpose. Examples of non-immigrant visas include student visas, visitor visas, and work visas. An immigrant visa, on the other hand, is a document issued to a foreign national who wishes to permanently reside in a country.

8. How long is a U.S. work visa valid for?

A U.S. work visa is typically valid for the length of the employee’s job contract, up to a maximum of 5 years.

9. How often do I need to renew my U.S. work visa?

Most work visas, such as the H-1B visa, require an individual to renew their visa every three years. However, other work visas may have different renewal requirements. For more information, please consult the National Immigration Services website.

10. What are the fees associated with a U.S. work visa application?

The fees associated with a U.S. work visa application vary depending on the type of visa being sought. Generally, the fees for a work visa application include a filing fee, a biometric services fee, and an interview fee (if required). Additionally, there may be other fees associated with the application process. For more specific information, please refer to the U.S. Department of State website for more detailed information about the specific fees associated with each type of work visa.

11. What are the eligibility requirements for a U.S. work visa?

In order to qualify for a U.S. work visa, applicants must meet a variety of requirements, including:

1. Have a valid job offer from an employer in the United States.
2. Be sponsored by the employer to apply for the visa.
3. Possess the necessary qualifications and experience for the job.
4. Have a passport that is valid for travel to the United States.
5. Demonstrate that they will not become a public charge while in the United States.
6. Meet basic health and character requirements.
7. Pay any applicable fees.

12. Are there any limits on the number of U.S. work visas that can be issued to one person or company?

Yes, there are limits on the number of U.S. work visas that can be issued to one person or company. For example, the H-1B visa, which is issued to specialty occupation workers, has an annual limit of 85,000 visas. Additionally, the L-1 visa, which is issued to intracompany transferees, has a limit of seven years for the L-1A visa and five years for the L-1B visa.

13. Can I adjust my status while in the United States?

Yes, you can adjust your status while in the United States if you are eligible to do so. You must file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). Depending upon the category under which you are applying, you may also need to file other forms. For more information, please consult with an immigration attorney or a Board of Immigration Appeals-accredited representative.

14. Are there any exceptions to the ban on certain categories of immigrants from adjusting their status while in the United States?

Yes, there are a few exceptions to the ban on certain categories of immigrants from adjusting their status while in the United States. Examples of exceptions include U nonimmigrant status holders, victims of criminal activity, victims of a serious form of trafficking in persons, and victims of abuse by a U.S. citizen or permanent resident. Additionally, certain family members of U.S. citizens or permanent residents may be able to adjust their status if they meet the requirements.

15. Do I need to leave the United States in order to apply for an Adjustment of Status?

No, you do not need to leave the United States in order to apply for an Adjustment of Status. However, it is recommended that you consult with an experienced immigration attorney before filing an Adjustment of Status application, as there may be certain restrictions or exceptions that could affect the ability to change your status.

16. How can I find out if I am eligible to adjust my status in the United States?

You may be eligible to adjust your status in the United States if you are the beneficiary of an approved immigrant petition (Form I-130, Form I-140 or Form I-526), if you are a qualifying family member of a U.S. citizen or Lawful Permanent Resident, or if you were admitted as a refugee and have been physically present in the United States for at least one year. Additionally, you may be eligible to adjust status if you are otherwise eligible for an immigrant visa, and an immigrant visa is immediately available to you at the time of filing your application. For more information about eligibility requirements, please contact the United States Citizenship and Immigration Services (USCIS).

17. Can I apply for an Adjustment of Status at a U.S. embassy or consulate abroad?

No, you must apply for an Adjustment of Status inside the United States.

18. Can I transfer my existing U.S. work visa to a new employer or job position?

Yes, you may be able to transfer your work visa to a new employer or job position if you are currently in H-1B or L-1 status and if the new job is similar in nature and requires similar qualifications. You must submit an application to USCIS (United States Citizenship and Immigration Services) to have your existing visa transferred to a new employer.

19. What happens if my Adjustment of Status application is denied?

If your Adjustment of Status application is denied, you will be issued a Notice to Appear in immigration court. Your case will then proceed through the regular deportation process. You may be allowed to stay in the US if you have a valid defense to deportation.

20. Are there any penalties for overstaying a U.S. work visa?

Yes, people who overstay their U.S. work visas can be subject to a variety of penalties, including being deported and/or barred from re-entering the country. Additionally, those who overstay their visas may also be liable for fines and other legal repercussions.